-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Volokh, Eugene
Sent: Friday, November 12, 2004 9:06 AM
To: [EMAIL PROTECTED]
Subject: Religious faith as evidence of honesty or future dangerousness
.:.
Let me suggest an analogy, one that is hardly on all fours but that I thought might be relevant: As I understand it, rules of evidence generally bar the factfinder from considering a person's religiosity as evidence of honesty (setting aside the question whether membership in a particular group may show bias in particular cases). Would the Establishment Clause likewise prohibit such consideration? If so, wouldn't the same apply to considering a person's religiosity as evidence of other character traits, such as future dangerousness? Or would it actually be fine for a jury to consider a person's being a devout churchgoer, alongside other factors, as evidence of his credibility?
Eugene
Sidley Austin Brown & Wood LLP mail server made the following annotations on 11/12/2004, 12:51:01 PM
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